Judgement

RAMASWAMI, J. :- This appeal is brought, by special leave, from the judgment of the Madhya Pradesh High Court dated November 30,1966 in Misc. Petn. No. 183 of 1965 whereby the High Court allowed the writ petition of the respondent and quashed two orders dated November 4, 1963 and June 11, 1964 of the Collector of Gwalior (Annexures VIII and XII respectively) and two orders of the Additional Commissioner, Gwalior Division dated February 19,1964 and November 16,1964 (Annexures X and XIV respectively) in so far as they purported to decide any question raised by the respondent under Section 5 (c) of the Madhya Bharat Abolition of Jagirs Act, Samvat 2008 (Act No. 28 of 1951), hereinafter referred to as "the abolition Act".

2. In Samvat 1885, the Ruler of the erstwhile Gwalior State conferred on Shri Bhavdeo Mishra the predecessor-in-title of the respondent - the jagir of Mauza Siroli, situated in Pargana Gwalior. After the issue of the notification under Section 3 of the Abolition Act, all the property in the jagir including jagir lands, forests, trees, fisheries, wells, tanks, ponds etc. stood vested in the State under Section 4 of the Abolition Act. Under Section 5 (c) of the